The implementation of the EU CO2 storage directive: Challenges and opportunites

1st November 2011

Topic(s): CO2 storage, Policy, law and regulation

The Carbon Capture Legal Programme launched the 'EU Case Studies Project' in January 2010. The project analyses the implementation of Directive 2009/31/EC on the geological storage of carbon dioxide (‘CCS Directive’) in selected European jurisdictions - the United Kingdom, Germany, Poland, Romania, Spain and Norway. Each jurisdiction, for distinct reasons, provides an example of different approaches to the transposition and to CCS in general. The objective of the project is to identify some of the more subtle nuances in different legal cultures and to provide a better understanding of the rationale for national decisions in specific aspects of the implementation of the Directive. In particular, the focus is on those areas where the Directive leaves room for Member States' discretion or is ambiguous or silent. The project also considers the policy and political context within which the national legal and regulatory framework for CCS has emerged. The studies are deliberately designed to move beyond formal transposition measures to reveal more of the underlying dynamics and tensions involved in national implementation. Such elements are often crucial in driving domestic legal developments. The way in which EU Directives are implemented often reflects distinct legal and administrative traditions, and the case studies seek to present these in order to provide better insights on the development of CCS regulation. The outcome of the project is a series of reports from the six jurisdictions, based on key legal and policy questions and on a critical reading of the CCS Directive. The CCLP has coordinated the overall research and has carried out the UK case study. Independent experts have been commissioned to carry out research in Germany, Poland, Romania, Spain and Norway.


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The implementation of the EU CO2 storage directive: Challenges and opportunites


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